Court Orders Release of Motorcycle on Payment of 10% Insured Value, Declaring Previous Penalty Excessive
In a significant ruling, the Patna High Court has set aside an exorbitant penalty imposed on a vehicle owner whose motorcycle was confiscated for transporting 18 litres of liquor. The court deemed the penalty of Rs.1,05,000, nearly 90% of the vehicle's insured value, unreasonable and directed the Sub-Divisional Magistrate of Gopalganj Sadar to release the vehicle upon payment of just 10% of the insured value.
The case, titled Alok Pandey v. State of Bihar, involved a Hero Xtreme Motorcycle intercepted with liquor, leading to the arrest of the rider, Alok Pandey, and the registration of an FIR under the Bihar Prohibition and Excise (Amendment) Act, 2018. The confiscation proceedings were initiated under the Bihar Prohibition and Excise Rules, 2021.
Presiding over the case, Justices Rajeev Ranjan Prasad and Sourendra Pandey noted that the penalty imposed was disproportionate to the offence, especially given that the amount of liquor seized was only 18 litres. The court referenced a similar case where a vehicle carrying a larger quantity of liquor (300 litres) was released on payment of only 30% of its insured value, further underscoring the excessiveness of the current penalty.
The judgment emphasized the need for penalties to align with the severity of the offence and the specific circumstances of each case. By setting the penalty at 10% of the insured value, the court balanced legal enforcement with fairness, adhering to Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
This decision not only provides relief to the petitioner, Alok Pandey, but also sets a precedent for future cases involving similar offences under the prohibition laws. The ruling reflects the judiciary's commitment to ensuring that penalties are reasonable and just, reinforcing the principle of proportionality in legal sanctions.
Bottom Line:
Bihar Prohibition and Excise Rules, 2021 - Release of confiscated vehicle - Minimum penalty prescribed under Rule 12A is reasonable considering quantum of liquor seized.
Statutory provision(s): Bihar Prohibition and Excise Rules, 2021 Rule 12A, Bihar Prohibition and Excise (Amendment) Act, 2018 Section 30(a).
Alok Pandey v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2833342
